header-logo header-logo

17 September 2020
Issue: 7902 / Categories: Legal News , Mental health
printer mail-detail

NLJ this week: Consenting adults?

The complex and sensitive law on capacity to have sexual relations, is examined in NLJ this week by barrister Laura Davidson, No5 Chambers

Davidson looks at the recent case of A Local Authority v JB [2020] EWCA Civ 735, which concerned a man with difficulties in social interactions due to his Asperger’s Syndrome. He had a tendency to send inappropriate and sexually explicit and/or harassing messages to women and, due to a high risk he would commit a sexual assault, he received 1:1 supervision outside his supported living placement. He had been assessed by a clinical psychologist as unable to understand the concept of consent. However, the Court of Protection held that he did have capacity for sexual relations.    

Davidson covers the case, the appeal and the courts' reasoning throughout, and concludes with a three-page table summarising the key points of all the cases mentioned in the judgment.

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll